The use of weapons in space
Photo by NASA
Commenting on the use of weapons in space, Dr Chris O’Meara, Senior Lecturer in the University of Exeter Law School, said:
“Having operational weapons in space is not necessarily new or surprising, acknowledgment of them is. For decades, major powers such as the United States, China, and Russia have been developing and testing anti-satellite (ASAT) weapons, including systems that can be placed in orbit.
“Secretary Meink provided some transparency, possibly for reasons of deterrence signalling to China and Russia who have ASAT weapons programmes. This may be an attempt to bring stability to an increasingly contested domain, but the announcement could also serve turn up the heat in orbit and prompt China and Russia to augment their existing capabilities to counter undisclosed US technologies.
“The weaponization of space remains a pressing concern. The ramifications of ASAT weapon use for states, corporations, and individuals could be disastrous. Potential space debris resulting from ASAT weapon use can be incredibly long-lasting and threatens all other satellites in orbit. Many of these satellites underpin the operation of global societies and economies.
“The greatest fear relates to Russia, which might be developing a nuclear space-based weapon as part of its arsenal. This would be a uniquely dangerous threat to us all.
“Specific international legal regulation of ASAT weapons is currently lacking, although there are laudable ongoing multilateral efforts to prevent an arms race in outer space. A multilateral ban on placing and using ASAT weapons is unlikely in the current geopolitical climate. There are bodies of international law, not originally conceived of as applying beyond the Earth’s atmosphere, that can be interpreted and applied to space.
“The law allows states to effectively defend themselves, but within guardrails that require states to account for the consequences that flow from targeting an adversary’s satellite during conflict. As space becomes increasingly congested with ever more satellites being launched by states and private actors, the potentially catastrophic risk posed by ASAT weapon use multiplies. We must avoid making space unusable.”
